The non-government organization demands to cancel the trade mark of Zhongnanhai cigarette Indict General Administration for Industry and Commerce

The non-government organization demands to cancel the trade mark of Zhongnanhai cigarette Indict General Administration for Industry and Commerce
The non-government organization demands to cancel the trade mark of Zhongnanhai cigarette Indict General Administration for Industry and Commerce
Recently, because the State Administration of Industrial and Commercial disagrees with cancelling " Zhongnanhai " Cigarette trade mark, the defendant goes to the court. A intermediate court of market has not accepted this case formally yet. The indictment claims, in April of 2009, the plaintiff will visit the research and development centre of the health (are abbreviate as " visits the centre newly " newly )Require the intersection of defendant and the intersection of State Administration of Industrial and Commercial and trade mark evaluation committee ' Abbreviated as " trader judge " )Cancel " Zhongnanhai " Cigarette trade mark, but in August of this year, the trader judge makes the award, by " apply to lack legislative authority " In order to be refused this requirement. Visiting gold honour of centre agent's Assistant Researcher of Ins of law,Chi Acad of Social Sciences newly says, according to the stipulations of article 10 of " Trademark Law of the People's Republic of China ", " Zhongnanhai " This kind of name can't serve as trade mark, does not allow to register this kind of trade mark. " Zhongnanhai " As the trade mark of the cigarette, have not only violate the regulation of " Trademark Law " but also violated " the tobacco controls the frame convention ". " the convention " this stipulate the intersection of tobacco and packaging, and label can't by " may influence, endanger or release thing, produce wrong means of impression, promote, to characteristic their " . It is reported, " Zhongnanhai " Trade mark registration on 1997, refer to according to " the intersection of trade mark and dispute reply reason book " that BJ Tobacco Factory submit to trader judge will it be December 2009, " Zhongnanhai " The trade mark has a long history, if cancel and face " extinction " . Trader judging panel think according to the stipulations of article 64 of " Trademark Law ", " trade mark that register remain valid before law this implement, so the trade mark of ' Zhongnanhai ' is still valid after December 1, 2001. " But the gold honour thinks, " Zhongnanhai " , " the Great Hall of the People " ,etc. as government office important site,it is apt let's let people produce a brand " approve the central state organs " , " authority " Wait for the wrong impression, mislead consumers, this kind of trade mark should be cancelled.


|